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Judge who steered Victorian Supreme Court through pandemic to step down
Courts 2024-09-12 11:12 pm By Cindy Cameronne

The top judge in Victoria who steered the Supreme Court through the COVID-19 pandemic is stepping down after 14 years on the bench. 

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Solicitor found guilty of misconduct for not disclosing interest in CCTV company
Legal Ethics 2024-09-05 3:05 pm By Sam Matthews

A Melbourne solicitor has been fined for applying for compensation on behalf of twenty clients from the Victims of Crime Assistance Tribunal for the installation of CCTV systems by a company which she had an interest in.

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Sleeping Duck shareholder rejected $4M settlement in failed oppression suit
Securities 2024-09-04 11:32 pm By Andy Sidler

A Sleeping Duck shareholder has been ordered to pay the company’s costs on an indemnity basis in its failed oppression suit, with a judge finding that its decisions to reject Sleeping Duck’s buy-out offers of roughly $4 million were unreasonable.

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Class action firms can breathe easier after first contingency fee win
Class Actions 2024-08-28 1:59 pm By Cindy Cameronne

Class action settlement approval hearings are not a time for the court to second guess a law firm’s contingency fee as set down in a group costs order, a judge has found, but the question of proportionality is still key, and evidence of a firm’s return on investment and hourly fees may be relevant to the final decision.

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Insurers win another fight over COVID-19 business interruption claims
Insurance 2024-08-20 11:26 pm By Cindy Cameronne

Several insurers have won a dispute with two Melbourne businesses about whether an industrial special risks policy can cover losses suffered during COVID-19 lockdowns, with a judge finding the policy did not respond just because there were recorded cases in Melbourne. 

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‘Discourteous, gratuitous, and offensive’: VCAT finds Melbourne lawyer unfit to practice
Legal Ethics 2024-08-20 11:42 pm By Andy Sidler

A retired Melbourne lawyer has been found unfit to practice after a review of his conduct demonstrated “discourteous, gratuitous, and offensive” conduct towards legal officials during proceedings related to his attempts to benefit from an elderly client’s estate. 

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NSW Supreme Court’s top judge goes on defensive as class action filings dry up
Class Actions 2024-08-15 11:36 pm By Christine Caulfield

The top judge of the NSW Supreme Court, which has seen a precipitous drop in class actions, has defended his court and taken shots at the Supreme Court of Victoria and the Federal Court for embracing contingency fees for class action lawyers.

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GM can’t ‘walk away’ from language of settlement with class action plaintiff: appeals court
Class Actions 2024-08-15 11:03 pm By Sam Matthews

General Motors has failed to overturn a decision that put it on the hook for the applicant’s full costs in a partial settlement in a class action on behalf of Holden dealers, with an appeals court finding GM could not “walk away” from the ordinary meaning of the phrase ‘the plaintiff’s costs of the proceedings’.

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Moray & Agnew settles suit alleging it was 6 years late with costs agreement
Business of Law 2024-08-14 11:54 pm By Cat Fredenburgh

A former client of Moray & Agnew alleges the law firm waited six years after taking instructions before providing it with a costs agreement, claiming it racked up a $330,000 legal bill during this time.

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Banksia class action silk faces criminal charges after ‘darkest legal chapter’
White Collar 2024-08-13 10:32 pm By Christine Caulfield

Former top silk Norman O’Bryan will face court this month on charges following civil findings he engaged in a fraudulent scheme as senior counsel for the Banksia Securities class action.

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